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(영문) 서울중앙지방법원 2020.03.13 2019고합1068
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

On September 12, 2019, the Defendant was traveling along a street to sleep a slick and answer box, etc. for the purpose of resolving this, and on the same day, around 02:23, at around the same day, the Defendant stated only that he was holding a waste higher than that on the rear side of the building B in Gwanak-gu, Seoul, Seoul, as “rater,” but, on the other hand, the Defendant uniformed it into “lag for black purposes” as indicated in the total list of seized articles.

From around that time to 04:12 on the same day, each fire was destroyed by the same method, such as the list of crimes in the annexed sheet, so that the fire can be moved to the buildings or vehicles in the vicinity of the fire.

Accordingly, the defendant destroyed the property without any intention and the property owned by others, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Photographs 1-1 to 1-2), fire site, photograph 2-1 to 2-5, photograph 3-1 to 3-2, photograph 3-3 to 3-4 (one-time), seized articles (one-time), photograph 4-1 to 4-51), the suspect's crime, and the CCTV closure photographs related to mobile movement

1. On-site reports (including field photographs), reports on fire situation, and final reports;

1. 112 Report sheet (2164, etc.) and report on each occurrence (number 1, 3 of fire and evidence list);

1. Application of Acts and subordinate statutes to each investigation report (No. 22 and 24 No. 5 of the evidence list);

1. Article 167 (2) and (1) of the Criminal Act (the crime prevention of non-owned goods) concerning the facts constituting an offense and Article 167 (1) of the Criminal Act (the possession of general goods owned by another person);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (limited to the crimes of fire prevention of general goods No. 2 and the crimes of fire prevention of general goods owned by him/her, and punishment for the crimes of fire prevention of general goods with heavy punishment);

1. Selection of penalty;

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